15 Oct 14th IFCAI Biennial Conference

At the 14th IFCAI Biennial Conference, an event which signalled the start of 2017’s edition of the Hong Kong Arbitration Week. Was part of a panel who discussed on the topic of, ‘Due process issues and methods to ensure efficiency in relation to complex procedural issues.’ Presented and shared my thoughts on the areas of Bifurcation and Submissions from third parties (SFTP). Key thoughts shared on bifurcation; the idea that it may allow for curtailing time and costs is widely represented, however heed must be given to the fact that it may sometimes produce a contrary effect, particularly so if parties prolong the single stages of the proceedings by requesting multiple extensions or even employing guerrilla tactics. Also, in deciding whether to bifurcate jurisdictional issues a tribunal has to balance the rights of the parties Then moved on to talk about SFTP along with the concept of amicus curiae which is centred on assisting a tribunal by providing expertise, perspectives and arguments that the parties themselves may not present. Covered ground on international investment arbitration’s perspective, the need to safeguard the basic principles of due process, confidentiality obligations and its interplay in SFTP/access and its consequential risks and complexities.